CASE COMMENTS: EUROPEAN AND FOREIGN CASELAW – SWITZERLAND – CARTEL – FINES – NO TAX DEDUCTIBILITY

Switzerland: The Swiss Supreme Court confirms that tax authorities may refuse to operate a deduction with sentences of criminal nature already imposed on legal persons, which could cover competition law fines (AC Treuhand)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. These are the latest developments in Switzerland in a case which has occupied the European Union authorities for many years and which concerns the unlawfulness of the participation of a third party, not active on the relevant market, in the management and operation of the tin stabilisers cartel. In that case, the Zurich-based trustee Fides and, from 1993, a spin-off of that trustee, AC-Treuhand AG, were fined EUR 174 300 for having, from 1987 to 2000, organised meetings (approximately 160) at which prices and sales volumes were discussed between the participants, managed and monitored the quotas allocated to participants, communicated to participants

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  • Athena Avocats (Genève)

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Pierre Kobel, Switzerland: The Swiss Supreme Court confirms that tax authorities may refuse to operate a deduction with sentences of criminal nature already imposed on legal persons, which could cover competition law fines (AC Treuhand), 26 September 2016, Concurrences N° 3-2017, Art. N° 84645, pp. 178-179

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